Stealing is stealing. You don't get a pass because you stole from someone richer than you.
A good thing we're not discussing stealing here. Patent infringement is not about theft, it's not about copying. A lot of folks are just plain confused about what can constitute patent infringement.
Even Apple has been found guilty of patent infringement, on multiple occasions. Patents, especially utility patents in the software world, are easily infringed upon because no direct theft or copying is required. You don't even have to know about a patent to infringe on it, unlike copyright (which is about wholesale copying or "theft" if you will, taking what belongs to others).
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Well, it's using ideas that are recognised in law as being protected for the exclusive use of the patent owner. It's a lot more like physical theft than say, piracy of media files via P2P file-sharing.
Theft is conscious, you go out and grab something that is not yours unlawfully. Piracy of media is also not theft, it's copyright infringement.
Patent infringement can occur without even knowing about the claimant's existence, much less their patents, their technology, their research or their dogs.
When Apple did Visual Voice Mail, are you saying they stole it from Klausner ? Are you saying Apple stole GSM from Nokia ? Are you saying Apple stole the UI for the iPod from Creative Labs ?
Of course not. That's just daft, an oversimplification of things for simple minds, those that can't really grasp the fundamentals of product development or plain old software development.
The best example anyone can give of patent infringement : Classroom assignments. 30 students, 1 assignment. Baring any direct copying (copyright infringement), if you seggregate all the students and give them an assignment, make them work on it seperately without letting them discuss it (like an exam), guess what hotshot, I'm sure there's going to be 15 of those solutions to your assignements that are going to be very similar. If the first student to finish "patents" his solution, the 14 others are infringing his patent without even knowing about his work.
That's the ugliness of software/utility patents. Sometimes, some solutions aren't obvious until you've been asked to solve the problem. But once the problem is defined, the solution to it is pretty much the same everyone would come up with.